Six Continents Hotels Secures Interim Injunction from Delhi High Court in Holiday Inn Trademark

The Delhi High Court has granted an ex-parte interim injunction in favour of Six Continents Hotels, Inc., restraining a Goa-based hotel from using the well-known 'Holiday Inn' trademark. Justice A. J. Bhambhani, in an order passed on August 17, 2026, found that the plaintiff had established a prima facie case warranting immediate protection.

The Dispute Over Mark Use

Six Continents Hotels, a subsidiary of the InterContinental Hotels Group (IHG), has owned the registered trademark 'HOLIDAY INN' since 1964. The mark has since been recognised as a well-known trademark in India, and the company has obtained registrations for various formative marks, including 'HOLIDAY INN RESORT'. The plaintiff alleged that the defendant, Mr. Jerome Fernandes, was operating a hotel under the name 'HOTEL JEROME'S HOLIDAY INN' in Goa, thereby subsuming the entire 'HOLIDAY INN' mark. This, the plaintiff argued, amounted to trademark infringement and passing off.

Arguments and Relief Sought

Appearing for Six Continents Hotels, advocates Ms. Nancy Roy and Ms. Prakriti Varshney submitted that the defendant's use of the mark was likely to cause confusion among consumers. They further highlighted that several Benches of the Delhi High Court had previously protected the 'HOLIDAY INN' mark against similar unauthorised use. The plaintiff sought an interim injunction restraining the defendant from using the impugned mark, and also prayed for directions to remove listings from third-party travel platforms such as Goibibo, MakeMyTrip, TripAdvisor, and Trivago.

Court's Preliminary View

Justice Bhambhani, after a preliminary appreciation of the matter, held that the balance of convenience lay entirely in favour of the plaintiff. The court observed that continued use of the mark by the defendant could cause irreparable loss and injury to Six Continents Hotels. An ex-parte ad-interim order of injunction was thus granted in terms of prayers A(i), (ii), and B(v) of the application, restraining the defendant from using the mark 'HOTEL JEROME'S HOLIDAY INN' or any deceptively similar variant. The defendant was also directed to remove all advertisements and online listings from the aforementioned travel platforms.

The court further exempted the plaintiff from attempting pre-litigation mediation, relying on the Supreme Court's decision in Yamini Manohar vs. T.K.D. Keerthi and the Division Bench ruling of this court in Chandra Kishore Chaurasia vs. R A Perfumery Works (P) Ltd.

Key Observations

"Based on a preliminary appreciation of the matter, this court is of the view that the plaintiff has succeeded in making-out a prima-facie case in its favour; that the balance of convenience also lies in favour of the plaintiff and against the defendant; and it would appear that irreparable loss and injury would be caused to the plaintiff if the interim injunction as prayed-for is not granted."

Court's Decision

The court issued summons in the suit, returnable before the learned Joint Registrar on November 19, 2026, for completion of pleadings. The defendant has been directed to file a written statement within 30 days of service. The interim injunction will remain in force until the next hearing, providing Six Continents Hotels with significant relief pending a full trial. This order underscores the robust protection available to well-known trademarks in India and signals the court's willingness to act swiftly against unauthorised use that threatens brand equity.